So I can endanger the public as long as it is from gross negligence and not willful premedition?

Also it is common knowledge that drinking and driving is dangerous, so the act of DUI is arguably intentional premedition.

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The drunk driver is just trying to get home. He has no malicious intent.

Also a strict 0.08% BAC limit is very low and doesn't take into account body weight or metabolism.

Every night there are thousands of drivers on the road with around a 0.15% BAC who make it to where they're going.